MILLIE Scouts is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of MILLIE Scouts
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
MILLIE Scout Terms of Service
Acceptance of Terms
Use of the Site and Services
Site Connect Clients with Scouts
The Site is a communications platform, which enables the connection between Clients and Scouts. Clients are individuals and/or businesses seeking to obtain services from Scouts and are therefore clients of Scouts, and Scouts are individuals and/or businesses seeking to perform services for Clients. Clients and Scouts are hereinafter referred to as “Users”.
Site Only Provides a Venue
The Site is a communications platform for enabling connections between Users for the fulfillment of Services, but MILLIE is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Clients, nor of the integrity, responsibility or any other actions or omissions whatsoever of any Users. MILLIE does not have any control over the quality, timing, or legality of Services performed by its Scouts. MILLIE makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users through the Site whether in public, private, or offline interactions.
Scouts can be subject to an extensive vetting process before they will be available to perform Scout Services, including but not limited to a verification of identity and a comprehensive background check, at the national and state level, using third party services as appropriate. Users hereby give consent to MILLIE to conduct background checks as often as required in compliance with federal and state laws and the Fair Credit Reporting Act.
Although MILLIE may perform background checks of Scouts, as outlined above, MILLIE cannot confirm that each User is who they claim to be and therefore, MILLIE cannot and does not assume any responsibility for the accuracy or reliability, identity or background check information or any information provided through the Site.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons you don’t know. NEITHER MILLIE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR OF ANY USER OF THE SITE OR SERVICES AND YOU HEREBY RELEASE MILLIE AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. MILLIE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Scout Work Classification and Withholdings
Each User assumes all liability for proper classification of such User’s Scouts as independent contractors or employees based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of MILLIE. Each User acknowledges that MILLIE does not, in any way, supervise, direct, or control a Scout’s work or tasks performed in any manner. MILLIE does not set a Scout’s work hours or location of work. MILLIE will not provide any equipment, labor or materials needed for a particular task.
The Service is not an employment service and MILLIE does not serve as an employer of any User. As such, MILLIE will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.
Scouts who are command sponsored military dependents, performing services in foreign countries are solely responsible for any and all compliance under the Status of Forces Agreement (SOFA).
You agree to indemnify, hold harmless and defend MILLIE from any and all claims that a Scout was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Scout was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that MILLIE was an employer or joint employer of a Scout, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Billing and Payment
Upon registration for a paid membership or Feature, User agrees to pay MILLIE at the prices then in effect, and you authorize MILLIE to charge your chosen payment method in connection therewith. MILLIE reserves the right to correct any payment errors even if it has already requested and/or received payment.
MILLIE may use third party payment processing services (“PPS”) to process credit card information. MILLIE expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to MILLIE’s use of a third party PPS, including without limitation for any damage that may result should any such information be released to any third parties. For further information about MILLIE’s use of a PPS, please contact MILLIE by email at email@example.com
Clients of the Site and Services contract for service directly with Scouts. MILLIE will not be a party to any contracts or transactions for Services.
Clients will be responsible for paying the invoice for each Service (or task) a Scout has completed (the “Invoice”), which will include the pricing terms of the Service agreed with and provided by a Scout (“Service Payment”), any out of pocket expenses agreed with and submitted by a Scout in connection with the Service, any tip or gratuity, if applicable.
Within 24 hours after Client receives confirmation that a Service has been completed, Client will provide Client's payment details to the PPS for processing of Service Payment, out of pocket expenses owed to the Scout, any tip or gratuity, if applicable. You may be charged a cancellation fee if you book a Scout, but cancel it before it is completed, as set forth in the Service pricing terms.
Users may be required to register with the PPS, agree to Terms of Service of the PPS and go through a vetting process at the request of the PPS to set up their account with the PPS. Please note that MILLIE is not a party to any agreement between individual Users and PPS and that you, the PPS and any other parties listed in the PPS Agreement are the parties to the PPS Agreement and that MILLIE has no obligations or liability to any User under the PPS Agreement.
Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement.
The Site is only a venue for connecting Users. Because MILLIE is not involved in the actual contact between Users or in the completion of the Service, in the event that you have a dispute with one or more Users, you release MILLIE (and its officers, directors, agents, investors, subsidiaries and employees) from any and all claims, demands, damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
MILLIE expressly disclaims any liability that may arise between Users of its Service.
Liability of Scouts and Clients to Each Other
As a material condition of each Scout providing services to Clients, and as a material condition for each Client to procure services from Scouts, each User agrees to the following limitations on the liability of other Users:
Under no circumstances, except where prohibited by law, will any User (whether a Client or a Scout) be liable to any other User or any third party for any indirect, incidental, consequential, special, punitive or exemplary damages of any type or nature (including, without limitation, lost profits, loss of business, data or information) arising out of or in any way relating to the conduct of any User, any contract or agreement entered into between Users, or any in any way related to using or having used any services including, without limitation any services provided by a Scout. This includes without limitation any and all bodily injury, emotional distress, and/or any other damages, as well as any damages resulting from any User’s reliance on information obtained through the services, or transmitted to or by any Users or other interactions with Users.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, the aggregate liability of any User to another User arising out of or in connection with any agreement, contract, or engagement executed between Users (whether in contract, tort, negligence or otherwise) will not exceed the greater of (i) the total amounts paid or payable by the Client to the Scout in the twelve (12) months prior to the event giving rise to the claim or cause of action, and (ii) the sum of one thousand dollars ($1,000), except where prohibited by law.
Each User expressly acknowledges, by using the Services, that this limitation is a material inducement for each Scout to render or provide, and for each Client to utilize, services under this agreement.
Use of the Services
You agree to use the Services in a manner that is lawful, relevant and proper to the applicable forum and the purpose of the Services. Any use of the Services that MILLIE, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of your account with or without notice. MILLIE reserves the right to suspend and/or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of such suspension and/or termination, you agree to make no further use of the Services after termination or during suspension.
You understand and agree not to, and not to permit or encourage anyone else to:
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Services or engage with other Users for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect of the Services or use the Services in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Attempt to gain unauthorized access to the Services, other User accounts, or other device, computer system, phone systems, or networks connected to the Services;
Harvest or otherwise collect information about Users without their consent;
Advertise or offer to sell any goods or services for any commercial purpose on the Site or through any use of the Services that are not appropriate or relevant to the Services;
Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Services, except where sponsored or created by MILLIE;
Impersonate another person or allow any other person or entity to use your user name, password or membership;
Post the same content repeatedly or spam - spamming is strictly prohibited;
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Services;
Access, download, or copy any information, content and/or materials from the Site or through any use of the Services through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site or through any use of the Services; or
Restrict or inhibit any other User from using and enjoying the Services.
You are responsible for maintaining the confidentiality of passwords and account information for the Services and you are fully responsible for all activities that occur under your account. You agree to immediately notify MILLIE of any unauthorized use of accounts or any other breach of security.
Third Party Websites and Services
The Site may contain links or otherwise provide access to third party websites, advertisers, applications, products and/or services (collectively, “Third Party Services”), which links and access are provided solely for convenience. For example, the Site may provide access to a third-party payment processing service that enable Scouts to collect payments through the Site from Clients who hire them. You understand and agree that such Third Party Services are not provided by MILLIE, and MILLIE does not control or endorse and does not make any representations or warranties regarding such Third Party Services or any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such Third Party Services.
The Services are intended for people 18 and older. MILLIE does not knowingly collect any information from children under the age of 13. Users are asked to identify their age during the registration process. MILLIE expressly disclaims, and you expressly release MILLIE from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. MILLIE reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
“User Content” is defined as any information, content, messages, photos, reviews and/or other materials Users post on the Site, submit to MILLIE and/or submit to any other User on or through the Site or by any other medium or method including without limitation any Services. MILLIE acts as a passive conduit for User Content and Users, not MILLIE, are solely responsible for the User Content they post, submit or transmit through the Site and Services. User Content, including without limitation in connection with Users’ profiles, is self-reported and you understand and agree that MILLIE does not independently verify that any or all of the User Content is appropriate, accurate, timely or complete. You understand and agree that you make your own decisions and assessments about persons to engage or engagements to accept. MILLIE will not be responsible for the acts of other Users with respect to User Content or otherwise. MILLIE expressly disclaims, and you expressly release MILLIE from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon by other Users with respect to such User Content and/or any comments made by Users about others.
The Services are for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of MILLIE. The Site and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with MILLIE without express written permission from MILLIE. You agree not to use User Content in order to contact, advertise, solicit, or sell to any other User without their express consent.
You further agree not to collect User Content or any other information, materials or content on the Site or obtained through use of the Services, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate Site information, materials or content, or any information obtained through use of the Services, using manual or automated means, including without limitation though web scraping, without express written permission from MILLIE. Should MILLIE have a reasonable basis to believe that you violated this section, MILLIE reserves the right, in addition to other remedies and at its sole discretion, to assess a $10,000 daily penalty fee for scraping and/or recruiting.
Renewal and Cancellation
Memberships and some paid features (“Features”) will not automatically renew and User will be required to manually renew the membership or Features through the Site. Upon renewal, you authorize MILLIE to charge your selected payment method the then current applicable fee in accordance with membership plan or Feature you selected. Upon cancellation, you will have access to the membership and/or Feature benefits until the end of the then-current membership and/or Feature term, and the membership and/or Feature will not be renewed after that term expires. You will not be eligible for a refund of any portion of the membership and/or Feature fees paid for the then-current membership and/or Feature period. MILLIE is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by MILLIE.
No Professional Advice; Information Only
Any information, materials, content and/or advice provided through the Services, including without limitation the Facebook page at www.Facebook.com/goMILLIE and www.journal.gomillie.com are for informational purposes only. MILLIE expressly disclaims, and you expressly release MILLIE from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages, arising from and/or in any way related to the information, materials and content provided through the Services, including without limitation on the Facebook page or blog.
Suspension and Termination
Intellectual Property Rights
All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site and/or provided through the Services are owned by MILLIE or its Users or licensees. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. MILLIE also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. You acknowledge and agree that you may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site and/or anything provided through the Services without MILLIE's prior express written permission. Furthermore, you acknowledge and agree that you are not allowed to post, distribute or reproduce any User Content that you do not own, or which you do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Services and/or civil and/or criminal penalties. In addition, the Services contain material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of MILLIE and/or the relevant right holder.
The service marks, trademarks, logos and trade names appearing on the Site or through the Services are owned by MILLIE or are appearing on the Site with permission of the respective owners, and you acknowledge the rights of MILLIE and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
Copyright Complaints and Copyright Agent
Repeat Infringer Policy: It is MILLIE’s policy to terminate, in appropriate circumstances and at MILLIE’s sole discretion, subscribers and account holders who are deemed to be repeat infringers.
Copyright Complaints: Owners of copyrighted works who believe that anything on the Site or provided through the Services infringes their copyright may file a notification of such infringement with our Designated Agent (as set forth below) in accordance with the provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) If you believe that your work has been copied and posted on or made accessible through the Services in a way that constitutes copyright infringement, please provide MILLIE’s designated agent with the following information:
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that is claimed to have been infringed;
Identification of the material that is claimed to be infringing, including the URL (Internet address) or other specific location on the Site or Services where the material the User claims is infringing is located. Include enough information to allow MILLIE to locate the material;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright or intellectual property owner's behalf.
Designated Agent Information:
Name of Designated Agent: Ken Robbins ; Address of Designated Agent: 3427 N. Edison St., Arlington, VA 22207; E-Mail Address of Designated Agent firstname.lastname@example.org
No Third Party Beneficiaries
Modifications to the Services
MILLIE reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services and/or any information, materials or content provided through the Services with or without notice to you. You agree that MILLIE shall not be liable to User or any third party for any modification or discontinuance of the Services or any portion thereof.
No Joint Venture
Limitations on Use
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK. MILLIE DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICES WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE OR THROUGH ANY THE USE OF THE SERVICES, OF ANY USERS; AND (D) THE USE OF PHONE SUPPORT SERVICES. MILLIE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. MILLIE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. MILLIE SHALL NOT BE LIABLE FOR, and YOU expressly release MILLIE from, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES.
Assumption of Risk
You assume all risks when using the Services, including without limitation all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
Limitation of Liability
Under no circumstances, except where prohibited by law, will MILLIE be liable to YOU or any OTHER USER OR third party for any DIRECT, indirect, incidental, consequential, special, punitive or exemplary damages ARISING OUT OF OR in any way RELATING TO THE CONDUCT OF any User in any way using or having used the Services, and/or on or off the Sites. This includes without limitation any and all BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, as well as any damages RESULTING FROM any user’s RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE or obtained through the services, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS, including CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Under no circumstances, except where prohibited by law, will MILLIE be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or The Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MILLIE, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, the aggregate liability of MILLIE To YOU will not exceed the total amounts paid by YOU in the twelve (12) months prior to the event giving rise to the claim or cause of action, except where prohibited by law. If you have not paid MILLIE for the use of the services, the aggregate liability of MILLIE to you will not exceed $100.00.
Phone Support Services
Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.
The arbitration shall be conducted in Arlington, Virginia, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. MILLIE may seek any interim or preliminary relief from a court of competent jurisdiction in Arlington, Virginia necessary to protect its rights pending the completion of arbitration. The User agrees to submit himself, herself, or itself to the personal jurisdiction of the State of Virginia.
Each party will pay the fees of his, her, or its attorneys, subject to any remedies to which that party may later be entitled under applicable law. The User will bear only those costs of arbitration that he, she, or it would have borne had the User brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, MILLIE will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law, or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence an arbitration against MILLIE, you must complete a Demand for Arbitration form located at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175, submit it to the AAA, and send a copy to MILLIE at:
MILLIE, Inc. Attn: Legal Department 3427 N. Edison St., Arlington, VA 22207
For more information, see the AAA's claim filing page, http://www.adr.org/fileacase.
MILLIE may be contacted at:
By email: email@example.com